(105 ILCS 5/34-4.5)
(a) Office of Chronic Truant Adjudication. The board shall establish and
implement an Office of Chronic Truant Adjudication, which shall be responsible
for administratively adjudicating cases of chronic truancy and imposing
appropriate sanctions. The board shall appoint or employ hearing officers to
perform the adjudicatory functions of that Office. Principals
and other appropriate personnel may refer pupils suspected of being
chronic truants, as defined in Section 26-2a of this Code, to the Office of
Chronic Truant Adjudication.
(b) Notices. Before any hearing may be held under subsection (c), the
the school attended by the pupil or the principal's designee shall notify the
pupil's parent or guardian by personal visit, letter, or telephone of each
unexcused absence of the pupil. After giving the parent or guardian notice of
the tenth unexcused absence of the pupil, the principal or the principal's
designee shall send the pupil's parent or guardian a letter, by certified mail,
return receipt requested, notifying the parent or guardian that he or she is
subjecting himself or herself to a hearing procedure as provided under
subsection (c) and clearly describing any and all possible penalties that may
be imposed as provided for in subsections (d) and (e) of this Section.
(c) Hearing. Once a pupil has been referred to the Office of Chronic Truant
Adjudication, a hearing shall be scheduled before an appointed hearing officer,
and the pupil and the pupil's parents or guardian shall be notified by
certified mail, return receipt requested stating the time, place, and purpose
hearing. The hearing officer shall hold a hearing and render a written
decision within 14 days determining whether the pupil is a chronic truant as
defined in Section 26-2a of this Code and whether the parent or guardian took
reasonable steps to assure the pupil's attendance at school. The hearing shall
be private unless a public hearing is requested by the pupil's parent or
guardian, and the pupil may
be present at the
a representative in addition to the pupil's parent or guardian. The board
shall present evidence of the pupil's truancy, and the pupil and
the parent or guardian or representative of the pupil may cross examine
present witnesses and evidence, and present defenses to the charges. All
testimony at the hearing shall be taken under oath administered by the hearing
officer. The decision of the hearing officer shall constitute an
"administrative decision" for purposes of judicial review under the
Administrative Review Law.
(d) Penalties. The hearing officer may require the pupil or the pupil's
parent or guardian or both the pupil and the pupil's parent or guardian to do
any or all of the following: perform reasonable school or community services
for a period not to exceed 30 days; complete a parenting education program;
obtain counseling or other supportive services; and comply with an
educational plan or service plan as provided by appropriate school officials.
If the parent or guardian of the chronic truant shows that he or she
took reasonable steps to insure attendance of the pupil at school, he or she
shall not be required to perform services.
(e) Non-compliance with sanctions. If a pupil determined by a hearing
officer to be a chronic truant or the parent or guardian of the pupil fails to
comply with the sanctions ordered by the hearing officer under subsection (c)
of this Section, the Office of Chronic Truant Adjudication may refer the
matter to the State's Attorney for prosecution under Section 3-33.5 of the
Juvenile Court Act of 1987.
(f) Limitation on applicability. Nothing in this Section shall be construed
to apply to a parent or guardian of a pupil not required to attend a public
school pursuant to Section 26-1.
(Source: P.A. 94-1011, eff. 7-7-06.)